Sh. Moinuddin & ORS. v. State ( NCT Of Delhi) & ANR.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1546/2024 SH. MOINUDDIN & ORS.

..... Petitioners Through:

Mr. S.K. Singh, Mr. Manish, Mr.

Ankush, Mr. Trapta Kushwaha and Ms. Preeti, Advocates along with petitioners.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Manjeet Arya, APP for the State with SI Rajesh Chauhan, P.S. Geeta Colony.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 26.02.2024 CRL.M.A. 6032/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1546/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners seeking quashing of FIR bearing no.442/2022, registered at Police Station Geeta Colony, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Issue notice. Mr. Manjeet Arya, learned APP accepts notice on behalf of the State.

5.

All the petitioners are present before this Court and have been identified by their counsel Mr. S.K. Singh and Investigating Officer (IO) SI Rajesh Chauhan from Police Station Geeta Colony, Delhi. 6.

Brief facts of the present case are that the petitioner no. 1 and respondent no. 2 got married on 06.02.2021. Out of the said wedlock, no child was born. It is stated that due to temperamental differences, respondent no. 2 started living separately since 23.02.2022. On the complaint of respondent no. 2, the present FIR bearing no.442/2022 was registered for offences punishable under Sections 498A/406/34 of IPC against the petitioners. It is stated both the parties have amicably settled all their disputes vide Settlement Deed dated 20.10.2023. 7.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties vide Settlement Deed dated 20.10.2023. Respondent no. 2 further stated that she has no objection, if the FIR is quashed.

8.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 9.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing no.442/2022, registered at Police Station Geeta Colony, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 11.

The petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 26, 2024/zp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.